Thomas J. Bashara II’s Answers

Thomas J. Bashara II

Mesa Corporate / Incorporation Lawyer.

Contributor Level 5
  1. What do i do to keep PR (step mother) of estate from selling property of fathers until it goes though the court/form to file?

    Answered almost 2 years ago.

    1. Thomas J. Bashara II
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    Without getting into the merits of your position, since more facts would be needed to determine whether you are right or not and to determine where in the probate process you are, I will say that in general terms and assuming you have some articulable facts on which to base your fears, you would need to obtain an injunction from the court to prevent a sale. You really need to contact a lawyer to ensure that whatever rights you have are preserved.

    8 lawyers agreed with this answer

  2. Can I name all the individual partners as Defendants if I sue a General Partnership?

    Answered about 2 years ago.

    1. Brad A Denton
    2. Thomas J. Bashara II
    3. Frederick Charles Thomas
    3 lawyer answers

    Generally, you may name the partnership and all of the general partners in a case. However, there are exceptions to the liability of a partner and to the liability of a partnership. You should definitely speak to attorney.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Bankruptcy & Loans

    Answered almost 2 years ago.

    1. Diane L Drain
    2. Joseph Wrobel
    3. Thomas J. Bashara II
    4. Robert Edward Tardif Jr.
    5. Deborah F Bowinski
    6. ···
    7 lawyer answers

    If you don't want the car and the payment that goes with it, there is no problem with surrendering the car now or during the course of bankruptcy or even letting the bank repo it. The only thing to bear in mind is that you need to file for bankruptcy before the creditor executes on any judgment they may get.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can a Defendant have one law firm represent the Defense of Plaintiff's Claims and another for representation of a counterclaim?

    Answered about 2 years ago.

    1. Thomas J. Bashara II
    1 lawyer answer

    A defendant in a civil action typically would not have separate law firms representing them, one for defense of claims and the other for pursuit of counterclaims. It's more common to see multiple lawyers but from the same firm. Nonetheless, there are no rules specifically against having separate lawyers and I can think of situations where a defendant may do so due to the complexity of the litigation or a desire to have lawyers with expertise in different fields or even to parcel out work to...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. In Arizona, is a landlord required to maintain leasing records of its former tenants for any certain period of time?

    Answered almost 2 years ago.

    1. Paul D Friedman
    2. Thomas J. Bashara II
    2 lawyer answers

    There is no statute in the Residential Landlord-Tenant Act requiring you to keep leasing records for any set period of time following return of the premises to you. However, you have to consider that a former tenant could bring some type of breach of contract action as long as 6 years from the date he/she knew that a claim arose. Also consider that there are different statutes of limitations applicable to IRS tax actions that can go as far as 7 years out and, if a fraudulent return or no...

    1 lawyer agreed with this answer

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  6. I paid for a dance uniform for my daughter in May of 2012, I haven't gotten it and they won't give me my money back. Adivice?

    Answered over 1 year ago.

    1. Thomas J. Bashara II
    1 lawyer answer

    File a claim against them in the proper Justice Court. Depending on the amount involved, it may be eligible to be filed as a "small claim" from which there is no appeal.

    1 lawyer agreed with this answer

  7. Can a lien be filed on an estate? If so, how is it done?

    Answered over 1 year ago.

    1. Thomas J. Bashara II
    1 lawyer answer

    I won't go into lien issues since there's no statute providing for general liens in your case. If you had a client who has passed-away, you need to determine if an estate has been opened. If an estate has been opened, you would send your claim for payment to the administrator/executor of the estate or his/her counsel. If you don't timely submit your claim and the final account is approved by the court, you will lose your claim. I would also strongly recommend you monitor the progress of the...

    1 lawyer agreed with this answer

  8. Can I use allegedly and what are all my ways to collect $10,000 that was stole from me by a guy who was to start a business

    Answered almost 2 years ago.

    1. Thomas J. Bashara II
    2. Gary A Kester
    2 lawyer answers

    If the guy is still out there swindling people and thus may possible have assets that can be traced, you should contact the AZ Atty General's Office and, if you have contact with other people who are interested in pursuing the guy with you, give me a call at (480) 279-3205 so you can provide more details.

    1 lawyer agreed with this answer

  9. Collect on final bill for a construciton project. I did the design and supplied the material.

    Answered about 2 years ago.

    1. Thomas J. Bashara II
    1 lawyer answer

    I'm not sure what your question is. Can you please restate it in the form of a question and provide additional details such as whether you are the contractor or homeowner and who is trying to collect from whom, etc.

    1 lawyer agreed with this answer

  10. Client in default of contractual SLA, owes for more than 15K and is trying to "skip" responsibility. What should I do?

    Answered almost 2 years ago.

    1. Frankie J. Adamo
    2. Thomas J. Bashara II
    2 lawyer answers

    I've got to agree with Atty. Adamo. There are a lot of factors to consider, such as whether the client signed the agreement solely as some type of limited liability entity and where jurisdiction may be proper. Since it doesn't sound like you've consulted with an attorney about ADR or litigation options, I suggest you contact one at your earliest opportunity. Given the likely sophistication of the opposing party, proceeding without counsel is a really bad idea.

    1 person marked this answer as helpful